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The terms probating a Will, going to probate, filing a probate, and other similar expressions are often used but, in our experience, much of time people using those expressions do not really understand their meaning. When someone passes and has a Will, in most situations the Will must be submitted for probate, or probated. Probate is a form of Order …
In an earlier blog post I described the Family Property Act and the effects it will have on unmarried people that live together. The law in this area is uncertain and my conclusion was to strongly recommend cohabitation agreements in these situations. For most people considering a cohabitation agreement, the first question is what will happen to the equity in …
In both regular powers of attorney and enduring powers of attorney (“EPA”) the maker (called a “donor”) appoints someone to make financial decisions on his or her behalf. The person appointed to make those decisions is called the “attorney”. There are a number of differences between a regular power of attorney and an EPA. The most significant differences are: A …
A commercial that was on the radio a number of years ago made the claim that if you don’t have a Will your estate will go to the government. The basis for the claim was to promote the sale of “do it yourself” Will kits. The ad got a lot of attention and likely caused many people to purchase the …
The importance of having a will has been well publicized. We often hear media reports of famous people dying without a will. The latest being Zappos founder Tony Hsieh. However, there are important documents that every person should have that deal with matters while you are alive. Those documents are an Enduring Power of Attorney and a Personal Directive. An …
We have all heard about it, experienced it, or watched a movie about bad neighbours. While it may be funny to watch, in reality, a bad neighbour can be extremely stressful and can significantly impede someone’s right to quiet and peaceful enjoyment of their land. In many cases there are city bylaws, condominium corporation bylaws, and restrictive covenants that govern …
A question that we are asked by realtors and clients is whether the seller has to disclose to the buyer that a death occurred at the property. This issue was recently reviewed by the BC Court of Appeal in Wang v. Shao, 2019 BCCA 130. The case involved the sale of a large and expensive residence in Vancouver. The seller’s …
Finding Calgary Wills lawyers can be a difficult task. Here are a few things we do that set us apart from the pack.
On January 1, 2020, the Family Property Act replaced the Matrimonial Property Act. The biggest changes relate to property rights for “common law couples”. Unlike the Matrimonial Property Act it applies to “common law” couples and gives them the exact same property rights as the Matrimonial Property Act gave to married couples. I use quotes because the meaning of “common …
COVID-19: Landlords and Tenants – Force Majeure and the Commercial Lease One concept that is becoming familiar to Landlords and Tenants as a result of the COVID-19 Pandemic is force majeure. Force majeure is latin for “superior force”. It is related to the concept of an act of God, an unanticipated event for which no party can be held accountable. …
